Sectional Title Update ...
CAN I OWE LEVIES AND STILL BE A TRUSTEE?
A thorny issue ! ! !
Recenly a well known Gauteng Managing Agent raised this issue with us, and brought a rather novel, but completely practical and viable solution, to the fore.
Neither the Act nor the Rules specifically prohibit an owner whose levy account is in arrears, from either being elected as a trustee, or continuing to act as a trustee. But surely this would constitute a conflict of interests?
WE BELIEVE IT WOULD!
The solution: utilise the provision contained in s 40(1)(b) of the Act, warn the trustee in question that he is acting contrary to his fiduciary responsibility and that he should resign as a trustee. If he refuses, call a special general meeting and attempt to have the trustee removed in terms of Management Rule 13(e).
LAND REFORM is a hot topic of debate at the moment, and Marina is very busy researching the subject. We believe that sectional title marked the first tentative step on the road to land reform in South Africa so many years ago!
The Communal Land Rights Bill has just been signed into law, which provides for legal security of tenure for communities who have occupied land, particularly in a tribal context.
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